On 11 June 2013, the European Commission published a package of measures aimed at making it easier for victims of illegal cartels and other violations of European law to recover damages before national courts throughout the European Union. Continue reading “European Commission tables measures to facilitate private antitrust damages litigation in Europe”
Greening your gas
A combination of government policy and consumer and shareholder pressure over recent years has led to many UK companies developing and implementing corporate social responsibility (CSR) programmes, which for some are becoming an integral part of their brand. A common aspect of many CSR programmes is a commitment to reduce energy usage, increase energy efficiency and procure at least some energy from renewable sources. Many of these commitments focus on the procurement of ‘green’ electricity or explore the use of on-site combined heat and power (CHP) plants. Continue reading “Greening your gas”
The broke broker: justly enriched? Benedetti v Sawiris in the Supreme Court
It really happens, apparently, in the world of international high finance: a broker is so keen to close the deal that they somehow forget to get their fee agreed. More realistically, of course, they are looking to time their agreement to the point at which the principal is in the best mood to agree the highest fee, often at closing, and they miscalculate and miss their opportunity. What happens when no agreement has actually been made with the broker? Continue reading “The broke broker: justly enriched? Benedetti v Sawiris in the Supreme Court”
Managing global legal and expert spend
Case study, ACE Group: LSG outline the lessons that in-house lawyers can learn from their collaboration with ACE Group to control legal budgets.
The ACE Group is one of the world’s largest multiline property and casualty insurers. With operations in 53 countries, ACE provides commercial and personal property and casualty insurance, personal accident and supplemental health insurance, reinsurance and life insurance to a diverse group of clients. Continue reading “Managing global legal and expert spend”
Repudiation, anticipatory breach and conditions in a contract for services
Kuwait Rocks Company v AMN Bulkcarriers Inc [2013]: in considering that a time charterparty is essentially a contract for the provision of services, the Commercial Court has held that a particular clause, that of the payment of hire, is a condition. The case concerns the interpretation of the hire clause in the NYPE 1946 charter and will be of interest to those who charter vessels using similar clauses. Those in the offshore oil and gas sector are used to the BIMCO Supplytime charter, which has specific procedures for withdrawal, but these clauses can be amended. Following this case, under an amended Supplytime or a bespoke charter, owners may be able to claim damages for the unexpired length of the charter following withdrawal arising out of late payment of hire. Continue reading “Repudiation, anticipatory breach and conditions in a contract for services”
Renewing a business lease: a step-by-step practical guide
In light of the reforms to the Civil Procedure Rules (CPR) which came into force on 1 April 2013, and, in many cases, commercial pressures, in-house lawyers may have to reconsider how to resolve small to medium-sized disputes. The key points are highlighted in the context of a typical lease renewal pursuant to the Landlord and Tenant Act 1954 (the Act) in the following guide.
Continue reading “Renewing a business lease: a step-by-step practical guide”
The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacturers
The extra-territorial reach of US courts has long been a source of controversy and consternation for product manufacturers with global operations, due to such features of US law as discovery applications abroad in aid of US litigation,1 or the threat of the Foreign Corrupt Practices Act.2 Another weapon in the arsenal of US plaintiff lawyers against multinational companies has been the Alien Tort Statute, which plaintiffs have attempted to expand over the years with respect to its extra-territorial reach, scope of application, and defendants who may be targeted. Continue reading “The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacturers”
There’s a new sheriff in town: the Jackson reforms and the new culture of ‘robust’ case management
In his final report into the costs of civil litigation in England and Wales, Jackson LJ expressed the view that:
‘… courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on the civil justice system. The balance therefore needs to be redressed.’
Jackson LJ’s solution to this problem was that the courts should adopt a more robust approach to case management. This article explains Jackson’s proposals in this respect and how those proposals were implemented when the Jackson reforms came into force on 1 April 2013. We then consider two recent cases which provide an insight into the judiciary’s likely approach to the new regime. The overall message is clear: parties who fail to comply with case management directions now run the risk of being deprived of the opportunity to present all or part of their case. Continue reading “There’s a new sheriff in town: the Jackson reforms and the new culture of ‘robust’ case management ”
The EC Commission’s proposal for changes to the EC regulation on insolvency proceedings
The EC regulation on insolvency proceedings1 (the Regulation) was introduced as a directive taking effect in the laws of member states of the European Union, without the need for member states to pass any local law of implementation. It has been part of EU law and the law of the United Kingdom since 31 May 2002. Insolvency laws vary across the member states of the EU, so a framework was needed to allow the patchwork of differing local laws to interact as efficiently as possible. The Regulation applies in all the member states of the EU, except Denmark, which exercised its right to opt out. Continue reading “The EC Commission’s proposal for changes to the EC regulation on insolvency proceedings”
Maintainability of writ petitions against interdepartmental communications of the government that do not finally determine any right or obligation of the parties
In the recent case of State of Orissav M/s Mesco Steels Ltd (decided on 6 March 2013), the Supreme Court examined the question of whether a writ petition (initiated under Article 226 of the Constitution of India) filed by the respondent company against the state government of Orissa was premature, inasmuch as the same was filed against an interdepartmental communication that did not finally determine any right or obligation inter se the parties. Continue reading “Maintainability of writ petitions against interdepartmental communications of the government that do not finally determine any right or obligation of the parties”
One strike and you’re out
On 23 May, the Home Office published immigration statistics providing the latest figures on those subject to immigration control, for the period up to the end of March 2013.
The statistics demonstrate that immigration abuse is being tackled. The Home Office states that while they continue to encourage the brightest and best migrants, who contribute to the United Kingdom’s economic growth, there is a strong need to tighten current routes into the UK. Continue reading “One strike and you’re out”
Passive investments and the EU Merger Regulation
Passive investments and cross-directorships among competing companies are common across numerous industries such as banking, airlines, energy and automotives. There are various motivations for these types of arrangements, such as a desire to invest in a familiar industry, or to spread risk, share know-how and form strategic alliances. Continue reading “Passive investments and the EU Merger Regulation”